Chapter 17.85
PUBLIC HEARINGS

Sections:

17.85.010    General regulations on public hearings.

17.85.020    Transcription of testimony.

17.85.030    Appearance of parties.

17.85.010 General regulations on public hearings.

All hearings shall be public. Public notice of any hearing as required by this section to be conducted by the city council, planning commission, or hearing examiner shall be given as follows:

(1) A notice setting forth the general purpose of any such hearing and the time and place thereof shall be published in a newspaper pursuant to SMC 1.08.010 not less than 10 days before such hearing.

(2) The owner(s) of any/all lot(s) within the area to be changed as well as those within 300 feet of such area shall be notified by certified mail of the general purpose of any such hearing and the time and place thereof at least 10 days prior to the date of such hearing. If the applicant owns adjoining land, the distance of notification shall be measured from the outside of the applicant’s ownership. The applicant shall submit with the application mailing labels with names and addresses for such property owners which shall be as shown on the latest records of the assessor. Failure of any individual to receive the notice shall not invalidate the hearing.

(3) A notice setting forth the general purpose of any such hearing and the time and place thereof shall be posted on the property in question in at least one conspicuous place and visible from each right-of-way abutting the property, and the notice shall also be posted at City Hall at least 10 days prior to the hearing.

(4) All hearing notices shall include a description of the location of the proposal. The description may be in the form of either a vicinity location map or a written description other than a legal description. The legal description is not required.

(5) If an open record pre-decision hearing is required for a proposal, the notice of application must be submitted to the public and the threshold determination shall be made at least 15 days prior to the open record hearing. Please reference SMC 17.80.060(1)(d)(iv) regarding specific requirements for notice of application.

(6) All public hearings on residential developments shall be held in the evenings.

(7) The city may combine any hearing on a project permit with a hearing that may be held by another local, state, regional, federal or other agency; provided, that the hearing is held within the city limits of Stanwood. Hearings shall be combined if requested by the applicant, as long as the joint hearing can be held within the time periods specified in Chapter 17.80 SMC or the applicant agrees to the schedule in the event that additional time is needed to combine the hearings. In cooperation with other jurisdictions, the city may issue joint hearing notices and develop a joint format, select a mutually acceptable hearing body or officer, and take such action necessary to hold joint hearings consistent with each of the participating jurisdictions’ respective statutory obligations.

(8) The city shall cooperate to the fullest extent possible with other local and regional agencies or jurisdictions that are participating in the joint hearing process (stipulated in subsection (7) of this section) as long as:

(a) The city is not expressly prohibited by statute from doing so;

(b) Sufficient notice of the hearing has been given to meet the city’s public notice requirements as established in this code;

(c) The city has received the necessary information about the proposed project from the applicant to hold its hearing at the same time as other agencies. (Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000; Ord. 969, 1996; Ord. 951 §§ 1, 2, 1996; Ord. 929 Ch. 9(A), 1995).

17.85.020 Transcription of testimony.

At any public hearing before the city council, planning commission, or hearing examiner, all testimony, objections thereto and thereon shall be taken down by a reporter employed for that purpose, and/or recorded by a recording machine set up for that purpose. If a written transcript of a recorded hearing is required, the city shall have a transcript prepared, the cost of which shall be borne by the requesting party. (Ord. 1084 § 3, 2000; Ord. 969, 1996; Ord. 929 Ch. 9(B), 1995).

17.85.030 Appearance of parties.

At any public hearing before the city council, planning commission, or hearing examiner, any party may appear in person or be represented by agent or attorney. (Ord. 1084 § 3, 2000; Ord. 969, 1996; Ord. 929 Ch. 9(C), 1995).